Full text of "Speech of Hon. William H. Haywood, of North Carolina, on the Oregon question. Delivered in the Senate of the United States, March 4 & 5, 1846"

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SPEECH

HON. WILLIAM H. HAYWOOD,

OP NORTH CAROLINA,

THE OREGON QUESTION

.\0

DELIVERED

[N THE SENATE OF THE UNITED STATES, MARCH 4 & 5, 184G

WASIKNGTON:

printed at the office of blair aisd rives.

1846.

/^7sr

THE OREGON QUESTION.

The Joint Resolution for giving the notice to termi-
nate the convention beWeen the United States
and Great Britain relative to the Oregon Terri-
tory, being under consideration —

Mr. HAYWOOD addressed the Senate as fol-
lows:

Mr. Pkesident: The subject before the Senate is
an important one. Viewed in connexion with the
topics that have been brought into the discussion
of it, it is one of momentous interest; and I confess
that its magnitude ojipresses me. My want of ex-
perience in political aifairs naturally made me reluc-
tant to enter into it as a speaker, when I must
necessarily feel, in addition to the high responsibili-
ties of the occasion itself, the embarrassment of
addressing those who are my seniors in age and
in political knowledge. Besides, I have thought
that a silent vote, could it have been obtained,
would be much more imposing. But the occur-
rences of the last few week.s have left me no choice.
Silence would now be a compromise with my con-
science and my duty to the country, and I must
speak. It will take me some time, but I throw
myself upon the patience of the Senate, with a
pledge that my heart shall be opened sincei-ely,
at this the council board of our common country;
I have no actions of the past to explain, and no
aspirations for the future to restrain me; and if
God gives me strength and utterance for the work,
I will do my whole duty according to my poor
ability^

The President of the United States, who is au-
thorized by the Constitution to make, but not to
unmake treaties, has a negotiation on foot which
was commenced or opened before his term of office
began. The object of it has been to fix a line of
division by compromise between the United States
and Great Britam, and thereby to adjust the con-
flicting claims of the two Governments to the ter-
ritory lying west of the Stony mountains, common-
ly called OREGON. I assume for the present —
hereafter I will demonstrate — that in the view of our
President, as well as the British Minister, the ne-
gotiation is still a pending one. The assumption
IS warranted by every incident of the subject in this
country and in Great Britiiin, except the absurd
conclusions and unauthorized constructions given
by some of my own party friends to the Message

of the President. And it is confirmed beyond all
fixir doubt by the silence of the President upon that
point, when, if the negotiation had terminated, Ex-
ecutive silence would be unpardonable — the more
especially as his jurisdiction over the subject will
cease the moment negotiation ends. The negoti-
ation once closed, concluded, put an end to, by the
Executive, and all the remaining questions about
OREGON will become forthwith subjects of legis-
lation by Congress exclusively.

But to proceed. At the meeting of Congress in
December, the negotiators of the two Governments
had been unable to agree upon a compromise of
their conflicting claims, and the President, believing
that, under the existing convention of 1827, the
United States cannot " rightfully assert or exercise
exclusive jurisdiction over any portion of the ter-
ritory" without giving a year's notice, declared to
Congress that, in his judgment, it would be proper
to give the notice; and thereupon by his Message
he recommended that provision be made by law for
giving it accordingly, and terminating " in this man-
ner'' the convention of the 6th August, 1827. This
then is the question: What shall we do?

The Message of the President was accompanied
by a copy of all the correspondence which had taken
place in the negotiation; and we have subsequent-
ly been furnished, by our request, with such fur-
ther correspondence as had taken place in it up to
February, 1846. In the meanwhile, various propo-
sitions ia the Senate, emanating from individual
Senators, but not from the Executive, have been of-
fered and proposed; and it is true, as some honor-
able Senator said the other day, that we have exhib-
ited the singular spectacle in this Capitol of a dis-
cussion by Congress with open doors of nearly all
the foreign affairs of the nation, and more especial-
ly of our affairs with Great Britain upon this very
subject of the Oregon territory, although, at the
same time, negotiations have been going on at the
Executive department with the British Minister;
and it was rather intimated than charged, that the
President was to blame for it. Now, in the spirit
of kindness which characterized this complaint,
suffer me, a friend of the Administration, to an-
swer why I do not concur in it, and how I suppose
the sendmg of this correspondence here may be
vindicated.
The President, believing that the convention of

1827 had better 1)0 abrogated, \vc know that he
could do that in either one of two ways, but in no
otlier. Either he must get an agreement wiili
Great BriUiin to abrogate it by mutual consent, and
tlien Congress n(;ed not be apphed to at all: or he
nmst get the mandate of a iaui, authorizing him
to give a year's notice. The first mode was not
attempted.

The other manner of doing it is by a laio of
this Government; and the President recommended
to Congress— Congress alone being competent to

would in such a case talk less, but deliberate and
then act. Perhaps he thought that, upon a question
of this kind, the necessity he was put under to dis-
close what was done by the Executive before he had
terminated negotiations would hardly be made a
pretext for snatching negotiations out of his hands,
which he did not recommend, instead of enactmg a
law to arm him with a notice that he did recom-
mend. How for he was mistaken, if he did so
feel and so think, need not be said to this Senate.
The events .>f the last few weeks speak for them-

enact it-that provision be made for giving the | selves. Believing that, so far as the President has
notice accordingly, and for tenninating, " in tliis , been concerned, the British Government 'las go
manner^ the convention of 1827. Can it be said | no advantage of us, I confers I did feel mortified
that the President erred in choosing " this manner" j in reading the news by th^lTjst steamer at the ne-
of terminating the convention, it being the only i cessity of conceding to the debates of the Jintish
mode by which that object could be legitimately : Parliament a decided superiority over those ot our-
accomplislicd without closing his negotiations for selves in their dignity and moderation; audit would
a compromise? The complaint against the Mes- be quite a satisfaction to me to get news by the
sa-e implies he had no intention to do that. It next packet of an outrageous debate in the briiish
bemg indispensable to apply to Congress for a Parliament; at lea.st sufficient to put us even with
law to give the notice, was it not both proper and ; them on that r^^ore. 1 cannot help wishing it may
necessary to communicate to Congress everything be so.

that had taken place in the negotiation, as far as , [Some Senator: " 'Tis likely you II be grat-
it had progressed when the President made his j ified."] , , ^ , . . ,, „,|,^, ,u.,,
recommendation' But surely the fault is not altogether that

The case is a peculiar one; but that peculiarity 1 of the President. Had he known ever so well
did not arise out of anything that this Adminis- ; that his recommendation to legislate, il Longress
tration has done, but altogether from the con- 1 saw fit, so as to help his progress in negoludion,
venlion it is desired to abrogate, and the limited ' would be misconstrued into an invitation tor all

constitutional power of the American Execu-
tive. Look to the Message itself, and you see
notliing in it either more or less than what the
President was, in a great degree, obliged to dis-
close to the legislative department under the pecu-
liar circumstances of the subject. That Congress

sorts of interference by Congress v.-ith the more
appropriate duties of the Executive, he would
hardly have been justified by it to omit all or any
one thing w^hich he has done. He has, as I un-
derstand his Message, but done his duty, and
no more, and he dared not do less. I hope Sena-

mi-ht determine this question of notice, they must : tors will see in all this an excuse, for the Presi-
know the state and condition of the negotiation, i dent, if they do not find in it a justification, for
Thev would know that best by sending up all the ; his Messao:e to Congress cnmmumcattng the corre-
correspondence; and in order that they might sec , spondencc n-lth the Britkh .Minister. That the Presi-
and iud^'e for themselves, the President communi- i dent sent this Message to Congress might be excu-
rated to^'Con-ress the ichole correspondence which sed indeed for other reasons, without a heavy ax
had talcen place. He has done no more, and he is upon our charity. He was bound to presume ha
responsible for nothing more. . Congress arc wise and prudent legislators; that

Had he any ri-ht to suppose that this would be t they would say nothing to embarrass negotiations
made the foundation for violent invective and irre- ] unless Congress really wished to defeat ncsotiatwn;
gular discussions, and for all the propositions that , and even in that ca.se, he may have thought that,
have followed it.' If he had apprehended any , as by the Corstitution treaty-making belonged to
.-^uch consequences, would that have authorize'd the President under the advice of the Senate, his
liim to withhold the recommendation of a mea- , own "fl-iends," without any recommendation from
sure of Ic'-islalion which he deemed to be essential ! him, would long ago have proposed and votea

to the interest of the nation, and which he may
have supposed to be important to the peace of
the country ? Upon making such a recommenda-
tion, how could he conceal the intbrmation that
was necessary to aid Congress in considering it?
Had he any means .if foii-soeiiig that this simple
act of necessary duty on the part of the Execu-
tive would be perverted into an occasion for de-
bating, not the question of notice or r ^'•''-

' directly " that the President shall be advisep by
the Se.vate that he is mistaken in sujiposing the
nation committed itself to any compromise, and
that the negotiation upon that basis ought to be
concluded, "if that indeed be the decision of the peo-
ple." That would be DOING something.

I do not affirm that tlie President thought all this,
or any of il. Yet another thing has struck my
>wn mind with some force, and possibly it might

which proiipflv belonss to the Legislative depart- | nut have Iieen without its influence upon the Presi-
mciit but also" our ne-oliations with Great Britain, i dent. When he came into office, he declared his
when her Mi.iisier is in the city and even in the | belief that our title to Oregon was "clear and un-

lobby of the Capitol, and our foreign relations and
our grievances, real or sunposed, with all the king-
doms of the earth, which legitimately belong to the
Executive depart ineiit ? Perhaps, he felt a strong
reliance upon the prudence, moderation, and wis
dom of Congress— the assembled Representatives

questionable." In prosecuting the negotiation,
found it to be his duty to offi-r a line of compro-
mise at 49, and to give up James K. Polk's opin-
ion to the President's obligation to preserve na-
tional honor. From some cause or other the public
mind had been pre-occupied with the belief that

of the people' and the Slates— and hoped that they this oflcr had not been made by him

But as it

hail been made, the President mi^lit have felt,
and probably he did feel, a solicitude at the meet-
ing qf Congress to tell the whole — to let out the
secret — and" to prevent, if he could, clamors or cal-
umny upon the subject. Had the President dread-
ed the same clamors, and sought to avoid, by such
a disclosure, denunciations like those which have
been unceasingly poured out upon the heads of the
great men who negotiated and voted for the Wash-
ington treaty, I am sure the Senate would not
blame him much for it — not vcnj much. That
Washington treaty seems to have become a favor-
ite hobby. Perhaps it is to be kept agoing until it
can fjet company. It may be that the President did
not wish to furnish the companion for it by keep-
ing his " friends" unapprized of the important fact
that he had offered a compromise. I should not
wonder at it, if he did not. As it is, that thunder
will all be spoiled, as far as concealment goes.

I have seldom heard a discussion, Mr. Presi-
dent, about our territorial rights in any quarter,
that Benton's speech against Webster's treaty
M-as not re-produced. A new edition of an old
speech, abridged to be sure, but not improved.
Our politicians seem determined to convince the
vvorld abroad, and the people at home, whether
or not, that our nation is always overreached,
cheated, and disgraced. But why do this, if at
all, long after a treaty has been solemnly ratified
by a vote of 39 to 9 ! in the American Senate? Let
not Senators give their aid to it, I say, as we love
one another or the country. I utter no complaints
against the speech itself of my honorable friend
from Missouri, [Mr. Benton.] Like everything
else that comes from him here, it was eloquent.
It was in season and at the right time when he
made it. The occasion which called it forth has
now passed, and along with it the strong excite-
ments under which the speech was made. The
constitutional authorities of the Government over-
ruled his objections, and it is no disparagement to
the fame of the speech or of that Senator to be-
lieve that his noble and generous heart would be
a!)le to see now (and his manly character would
let him own it) that there was quite enough of
invective and suspicion in the speech when it
was made. I know not how he feels under
its repetition, with or without notes, but I have
admired the patience of Senators implicated
by denunciations about the Washington treaty,
and wondered how they could silently endure it.
Certainly, when such things are introduced here,
they are in exceeding bad taste, and very like what
a venerated friend of mine used to call the dullest
thing in the world to listen at — " old psalmn sung
over (lend horses." Out of the Senate, it is the
game by which great men of this nation are to be
killed off, and more room left for exalting little
men to big offices.

But, Mr. President, let all this be as it may,
and let it be right or wrong in the. President to
liave sent his Message, and the infonnation in it,
to the Congress of the United States: he has
done it — the act is past recall. The subject is be-
fore the Senate, and with all its embarrassments, it
has become necessary for the Senate to act upon it,
and, in my judgment, the sooner we do that, the
better for the country.

In order to act aright we must look to the Presi-
dent's Messages, and see for ourselves what po-

sition he occupies. I agree entirely with some
other Senators that we cannot take our position
upon this question of the notice until we see the
position of the President. See it, I mean, with
a reasonable certainty; as positive certainty cannot
be arrived at, and cannot be expected. If he means
to negotiate for a compromise, or if there be a pend-
ing negotiation, it would be unwise, unprecedent-
ed, and indelicate, for the President, either him-
self directly, or indirectly through another person,
to declare beforehand any determination of his
own mind upon questions to arise in the further
progress of such a negotiation. I shall, in justice
to him, have occasion to point out to the Senate
hereafter how I think this silence — this necessary
silence — proves'almost of itself that his " thoughts
are turned on peace."

But what is the position of the President in this
negotiation ? About it there would be less doubt if
there had been less effort to assign the President
an extreme position, and a false position. What
say the " records?" Where does he stand? We
must see before we fling him the notice to terminate
the convention of 1827.

First, we all know that the President — whose
assent is indispensable — will not agree to an arbitra-
tion. I do not stop to defend or to accuse him for
this; it belongs to some other occasion. If, in
the Providence of God, this Oregon controversy
should terminate in a conflict, the responsibility of
having rejected arbitration will be a fearful one, and
he will have to meet it. But the responsibility has
been taken by him. The Senate, therefore, must
now proceed upon it as a fact, a " fixed fact," that
arbitration is out of the question. We cannot
help it if we would, and I owe it to candor to say,
that I would not if I could.

Well, then, we have seen in his Message that
Great Britain made an offer of compromise, which
was rejected by the American Government, in
August, 1844, and the President has informed
Congress plainly and distinctly that this British
proposition to us cannot be entertained by him, but
that it is " wholly inadmissible." So far there is
no difficulty. Everything is plain and directly to
the point, as it ought to be.

Next, we are informed by the Message that the
President himself made an offer to Great Britain by
which the territory of Oregon between the paral-
lels of 42° and .54° 40' was proposed to be divided
by a compromise on the line of 49°, and that the
British Minister rejected it without submitting any
other proposition, &c. This offer of our Presi-
dent was made on 12th of July, 1845 — refused on
the 2Dlh of the same month. But on .30th August ,
1845, the President withdrew his rejected proposi-
tion, and reasserted, by his letter to the British
Minister, our claim and title to the whole of Or-
egon — irhich letter has not been anstrered !

The President does not say that the negotiation
has 6ecn abandoned, nor that it will be concluded by
him without waiting to receive another offer. No
such thing. He does not inform Congress that he
will or will not renew, or that he will or will not
entertain, his own offer, which he adopted as that
of the nation, for a compromise. I repeat, that it
was, under the circumstances, impossible for him
to do that, provided he considered compromise
still ADMISSIBLE. But he does say that he has
receded, notwithstanding his opinion as to title, to

llu; line of 49° 05 a compromise, and his reasons
for it arc given — reasons quite as conclusive in
favor of accepting the ofler now as they were for
mating it last year! And as I understand the
Presicfent's position, he stands this day upon lliat
line of 490 as a compromise, if COMPROMISE is
to be had. Once for all, let me explain, that when
I liave spoken or shall hereafter speak of the
"compromise line 0/49"^," 1 do by no means intend
to be understood litcralltj. But I mean that line
in substance — not " every inch" — I mean the same
compromise siibstantially which this Government
has frequently oH'cred without regard to slight
variations; which may be left for settlement by
"equivalents." I do not measure my own or
other people's patriotism by the " inch." I shall
not recognise tliat measurement in deciding upon
the merits of the Administration or tlie wisdom
of a treaty — not at all, at idl.

Mr. President, / disnvoxo anij a'.Uhorihj to speak
FOR the President. I have already said that he
could not speak for himself, nor authorize another
to speak /or him, so long as negotiation was pend-
ing, or not concluded. Oh! I wish it were so that
he could speak out. But I must be allowed to
speak for myself since the Administration has
been so perscveringly ]uit where I ought not to
stand by it; and I will dare to speak to the Presi-
dent, and o/ihe President and his Messages, from
my station upon this floor, as I judge him and
them. And I say, in answer to certain Senators of
my party, that the President did right, exactly
right, in continuing this negotiation for a compro-
mise which he found on foot, and in renewing the
offer q/'49°fls a line of compromise. And in reply to
them further, I say that he ought not, and my con-
victions are as strong as death itself that he can-
not, will not, disgrace himself and his Administra-
tion by refusing /lis oicn offer, should it be returned
upon him — refusing, I mean, to entertain it; repuls-
ing it, and rashly putting a final termination to his
negotiation for a peaceful compromise; and madly
forcing liis country into a war, without even con-
sulting liis constitutional advisers, the Senate;
who are this day assembled. Yet that is said of
him day after day in this Senate. A war for what ?
Why, Mr. President, a war between two great
Christian nations upon the meaning of the word
scltlemcnls in the Nootka convention! A war,
perhaps, of twenty years, to determine which of
these Christian Governments shall enjoy the privi-
lege of cheating the poor Indians out of the largest
portion of Oregon. No, sir; no, sir. The Presi-
dent will not do that. As he loves his country,
and values his own fiime, he dare not think of it.

But I have said the President did right in oficring
a compromise of this controversy. Other friends of
this Administration have said he did wrong, par-
ticularly the Senators from Ohio, [iMr. Allen,]
Indiana, [Mr. Hannjega-v,] and Illinois, [Mr.
Breese.] Friends and enemies, (if he has an ene-
my here,) will you hear another frif nd in his de-
fence.' It is a serious charge, if it bf: true. What
arc the facts? Let l.im be tried by these, and there
can be no doubt of the decision. Hear them.

He found it in ouro«n history a fact, an undenia-
ble fact, that, so long ago as forty years, in negotia-
tions between thi.i (jJ(jvcrnment and Great Britain,
the United States had maintained and asserted that
the true line of our national rifrhts, west of tlie

Stony mountains, was at the 49th parallel on the
north, in virtue of the treaty of Utrecht, and of
our treaty with France in 1P03. He found that it
was urged by our Government upon the oppo-
site parly as a fact, too, tliat commissioners had
j been appointed to designate the line west of th'
' Stony mountains, constituting the south bound-
ary of Great Britain and the north boundary of
France, who sold us Louisiana; and that that line
had been settled at 49°; and this fact Avas assumed
as the basis of very important negotiations at that
time in progress between us and Great Britain. Hf
knew that this was in the days of Jcflerson ami
his compatriots.

•Aofcof/i/, / believe, ever susjjecled Jefferson of being
''British!"

He found that, in subsequent efforts to adjust
this long-pending controversy, to wit, in 1817J the
American Government had proposed this same
compromise line at 49°, (suostantially, I mean,
not in all its details.) And although our Minis-
ters were instructed to insist upon it, they were
unable to get the consent of Great Britain; and
that negotiation finally tenninated in a convention
for what we call a joint occupancy of the whole
territory, entered into, I believe, by our request,
and cert;\inly done with our oon^ent, which con-
vention was to continue for ten years, and no
longer. That convention was sent to the Senate,
icith all the corresnondence, and it was ratified and
approved by a vote of ayes, 38; noes, none — all
''British!"

He found that this convention was not satisfac-
tory; but the Government of the United States
grew anxious to settle and adjust the line of di-
vision between us and the European Governments
claiming territorial rights west of the Stony moun-
tains. Russia and Great Britain both asserted
rights there. Russia furnished pretty strong signs
of the Emperor's intention to maintain hers against
all the world. The American Government, (after
a long delay, growing out of our policy towards
Spain, whom we did not wish to oflcnd by setting
up our claims prematurely,) finally acceded to a
pro]iosal of opening negotiations with Russia and
Great Britain about 1824, for a line of com]iro-
mise. Our Ministers were instructed to get this
line adjusted upon a compromise with both nation-
at the 49th parallel, and we hoped at one time to
unite Great Britain with us against Russia. But
Groat Britain, although a " joint occupant" with
us, managed her dijdomacy Ijcttcr than that, and
after the United States had agreed with Russia t<i
abandon all our rights, viz : " not to settle" north
of the parallel of 54° 40', his Majesty the King of
England, &c., made a separate treaty with the
Emperor of Russia, and took to himself a large
share of irhat we had siiiremlercd ! [Our 54° 40'
friends ought to go for it all back again, according
to their doctrines, and perhaps England, with Rus-
sia to help her, would favor us with a fight, and
that's something.] In ouj- negotiation of that con-
vention with Russia, and in our attempts to nego-
tiate at that time with Great Britain, the American
Government yielded up her claims between 54" 40'
and 61'^ unto Russia. (What an unconstitution.il
and disgraceful dismemberment!) And the same
old comin'omise line, substantially that which t!i<
President re-ofl*ered in 1845, was tendered to Grear
Britain and declined — urged and refused ! [How

one's ^mencfflu blood boils at the thought of ceding
an inch !] The treatjr with Russia, which, in the
view of Senators, so dishonorably and unconstitu-
tionally dismembered the national domain, (for the
benefit of crowned heads too !) was submitted to
the American Senate, and, icith a full knoiclcdge
of the correspondence, the Senate approved it all, by
a vote of ayes, 41 ! no, 1 !

["Who was it?" exclaimed several voices.
" Where was he from'?"]

Sns. Rhode Island. His name was D 'Wolf.
All " British," save one !

In passing, the Senate will suffer me to say that
this treaty with Russia was made within the very
year succeedingthe famous declaration of President
Monroe's Message against new European colonies
on this continent ! Made by him. It is of itself
a contemporaneous construction of the meaning
attached to that declaration. Attention is due to the
names of the forty-one Senatoi-s who approved
of it ! There are illustrious names in that list; but
I have not time to go into such details; and if I
had, the Senate would hardly have patience to hear
me through.

The President further found that our importu-
nity to fix upon the line of 49° as a compromise
was again manifested as soon as the convention of
1818 was likely to expire; and that, in the corre-
spondence preceding that identical convention of
1827, which it is our present wish to abrogate by
a notice, the American Minister was instructed to
adjust the controversy at this same line of 49°;
and the convention was made only because that
compromise line could not be got. That corre-
spondence also was laid before the Senate along
with the convention of 1827, where, in despite of
the opposition of my honorable friend from Mis-
souri, [Mr. Benton,] and in defiance of his pre-
dictions, the convention was approved by a vote of
ayes 31, noes 7.

The " British^' party seems to have been still a
strong party in the American Senate ! The names
of some of them stood high on the rolls of Democ-
racy, and some are now in high places. I will not
tax the patience of the Senate by reading them
over.

He found that, under the Administrations suc-
ceeding the ratification of this convention — all of
them — Adams's, Jackson's, Van Buren's, Harri-
son's, and Tyler's, too — we made no complaint of
Great Britain about Oregon, and sounded no alarm
to the people to prepare for a repudiation of our
own offers to compromise "an inch " below 54° 40' ;
but quietly submitted to let things remain as they
were, until October, 184.3, when the Message in-
forms us that our Minister in London was au-
thorized to make an offer of compromise similar
to those made by us in 1817 and 1827; in other
words, to renew our offer of the compromise line
of 49°. Thus stood the question when the nego-
tiation was transferred to Washington. Here I beg
the Senate to observe that Mr. Tyler's Message, in
December, 1S43, informed Congress that " the ne-
gotiations for an adjustment and settlement had
again been proposed, and were in progress to a re-
sumption." Yes, proposed by us; and the Presi-
dent said that " every proper expedient would be
resorted to for the purpose of bringing it to a speedy
and happy termination." And again, by his Mes-
sage to Congi-Gss, in December, 1844, he said, " A

' negotiation has been formally entered upon be-
' tween the Secretary of State" and her Britannic
' Majesty's Minister, &c., residing at Washington,
' relative to the rights of their respective nations
' in and over the Oregon territory. That negotia-
' tion is still pending."" This, too, after Mr. Polk's
election — after the Baltimore Convention of 1844.
But nowhere could the President find that any of the
" true friends of Oregon" had recorded their oji}io-
sition to it by their votes in Congress. If he
did, it is more than I can find. The Senators from
Ohio, Indiana, and Illinois, [Messrs. Ai.i.en, Han-
NEGAN, and Breese,] were all Senators at the time.
No, Mr. President; the Senate did not advise nor
protest against negotiation when it was only " in pro-
gress to a resumption," nor had Senators brought
themselves up to the point, so far as I know, of
only moving, so late as two years ago, whilst there
was time and opportunity for it, to stop the nego-
tiation itself, which has now become so unconsti-
tutional and so dishonorable to the nation.

But again: He found that these persevering
efforts to fix our northern boundary in Oregon at
the forty-ninth parallel by a compromise — these
well-considered instructions to our Ministers, and
often-repeated propositions to the adverse claim-
ants for a compromise — made before Spain had
released her rights, and repeated afterwards — wei-e
long since exposed to the public eye; and that
neither the People's Representatives in Congress,
nor the States, nor the People themselves, had
complained against the Presidents, and States-
men, and Senators, who had been endeavoring to
accomplish a compromise at 49° for nearly half a
century. No, sir. Until very recently, indeed,
the complaints, when made at all, were aimed at
Great Britain for refusing to acce]5t this reasonable
and just compromise of our conflicting claims.
Memorials, when sent at all, were ajiplications to
settle and adjust the controversy; and our efforts
to legislate over the subject were confined to the
valley of the Columbia river — this side of 49°. _

Well might the President pause, then, notwith-
standing his own individual opinion that our title
to the whole of Oregon was " clear and unques-
tionable," ere he took the responsibility, in view
of all this, of abruptly putting a stop to the nego-
tiation which he found on foot, as it had been be-
gun by his immediate predecessor tipon a negotia-
tion for a compromise. Well might he feel that th<;
NATION was committed to a compromise. Well
might he dread that, for him to put his personal
opinion upon the streijgth of our pajjer title, how-
ever "clear and unquestionable," against all these
solemn acts of the Government, and against this
concurrent action and acquiescence of all our Pres-
idents from Jefferson inclusive, and of all our
Statesmen, and of all our Senators, (except iNIr.
D'Wolf,) and of all our People and their Repre-
sentatives for two generations — constituting, as
it were, a nation's opinion — would be sacri-
ficing the faith, consistency, sincerity, and honor
of this country to jH-cserve the personal consist
en cy of himself— a single man! A mere politi-
cian might have halted, bnt a statesman could
not. He lifted himself above himself, and showed
how well he merits the office hi.s country has
appointed him to fill. God grant he may stand
firm to his position !
And what "commits" a Nation but its honor ?

Honor! Ntitional honor! But its obligations must
he felt, and are iiot a topic for argument and debate
in an American Senate. I have imperfectly group-
ed the facts from our own history. Senators must
determine for themselves. Appealing to (heir he.urts
as monitors, I ask whether I was not justified in
asserting that the President did right in offering
the line of 49° as a compromise, because the Nation
was thus committed to it by the past.

But the Senator from Illinois [IMr. Breese]
has said, the question was " a new one so far as it
concerned the President," because Ae had a clear
opinion that our title was good, and gave that
opinion before his nomination; and he seems to
think that the Baltimore Convention of the Demo-
cratic party had resolved this matter out of the
general rule and made it a neio one to this Admin-
istration. Strange proposition ! Passing strange !
Of the Baltimore Convention I shall speak here-
after. And now as to Mr. Polk's opinion upon
our title. However clear and whensoever entertain-
ed or expressed, let me say that Mr. Polk's opin-
ion, nor the opinions of the Baltimore Conven-
tion, nor those of the People themselves, upon
the title to Oregon, touch tliis question. All that,
has just nothing at all to do with it. If the char-
acter, and sincerity, and faith, and honor of the
Nation, were committed to a compromise before
Mr. Polk was elected, they remained so, notwith-
standing his election, and notwithstanding his
opinion, or anybody's opinion, upon our title.

The men who become Presidents of the Repub-
lic are always changing; they live and die, but the
Republic is the same at all times; and once com-
mitted by the public faith and honor to do or not
TO DO, even the People cannot release the obliga-
tion by anything short of Revolution, if they could
by such an extreme measure as that. The ques-
tion, then, is not, and was not, a " new one to this
Administration." The sovereignty of a nation —
the People themselves, have not a right to do,
much less to command another to do a dishon-
orable act — I mean an act dishonorable to the Na-
tion in her intercourse with other nations. All
power rests with the sovereign authority; but
m a Constitutional government like ours, even
the People may bind themselves against doing
wrong. If they would set about taking off that
.shackle, they must revolutionize and strike at the
Constitution. Alter that, if they choose; but even
the People have no right to do wrong to other
nations, and leave the Constitution as it is. I honor
that statesman who can go whither the honor of
his country carries him, forgetful of himself and his
personal convenience, or the consistency of his
mere opinion. Had Mr. Polk repeated his opin-
ion of our " clear and unquestionable" title for an
Amen to his daily prayers for years and years to-
gether, it would still have been the duty of the
President to go to the line of 49° as a compro-
mise, if he believed, as he says he did, that
his country was "committed," and the honor
and faith of the nation bade him go there. It
is still his duty to do it, if he sincerely be-
lieves what he says. Talk what you may of
the People — flatter them as you please — yet in
spite of all the one-sided arguments upon our
title to Oregon, and the unfairness of preclud-
ing a debate upon it here by the clamor of
"British" against every one that doubts it for an

ijicft, — only let this question go to the People of the
United States, whether the honor of the nation is
not dearer than "every inch" of Oregon on the
other side of 49 — let the people hear and under-
stand the motives and the policy and the honorable
necessity under which the President has acted, and
from the mountain valleys of the West to the
shores of the Atlantic, they will respond that the
President has done right — the honor of our countiy
before everything else ! If honesty and patriotism
did not susUiin the President, prudence and peace
would lend their aid; and all the world would see
that a war for the whole of Oregon, when we are
ourselves divided in opinion upon the question of
right to the whole of it, and the Chief Magistrate
himself believed that it was not honorable to go for
our extreme right, would be madness. How could
we pray God to bless us and to aid our arms in
such a conflict }

But Senators, who are relying upon the Pres-
ident's Message to Congress as a declaration of
hostility to further negoUation and the pledge of
a determination on his part not to settle this contro-
versy at all by a pacific compromise, even if his
own offer should be returned upon him, may find
themselves disappointed. I warn them that they
have been deceiving themselves by their own mis-
interpretation. Even if there could be found in the
" record" (as the Senator from Ohio has called his
Message) a line or a sentence to stimulate the
hopes of some Senators or to excite the suspicions
of others, I hope to dissipate them all by a re-
view of his acts and omissions, and of the icords of
that Presidential "record. " For I undertake to say,
that if there be truth in logic, faith in the integrity
and virtue of public agents, and meaning in Eng-
lish words, it can be demonstrated from the course
of the Administration, from its acts of commission
and acts of omission, and the language of this
" record," that the President will not, as he ought
not to, repel and refuse to entertain an offer from
the British Minister for a compromise, substan-
tially the same that he himself has heretofore pro-
posed; and that whilst the Senate are in session,
he could not think of such a thing without their ad-
vice. For he must know ; — we do know that a con-
stitutional majority of that body would prefer a
compromise at the line of 49° to Ein " inevitable
war" for the hue of 54° 40'.

Upon this subject of a ivar, suffer me to say a
word before I proceed to this demonstration.

To deprecate war, as a calamity, by any la-
bored remarks in the nineteenth century, and in
an American Senate, would be a trespass upon
your time, and I fear an insult to your understand-
ing. But it has been thought that Great Britain
will not fight for Oregon; and the Senator from
Illinois, [Mr. Breese,] speaking for the " true
friends of Oregon," would almost seem to think
that the only use of any negotiation about this
matter, (and that he does allow of,) is, to let her get
time to quit, so as to avoid being kicked out of the
possession all the way up to 54° 40'. These are
not his words, but this is hardly a caricature of
the impression they made upon the minds of his
hearers. Now, without going at all into the ques-
tion of which country has the best title above the
line of 49°, let me ask the Senate to look at the
map of Oregon printed by your order. To cast
your eyes over it above the 49th parallel — to see

Frazer"'s river occupied and fortified from its mouth
to its source; all English forts ! — to recollect that •
Great Britain has held possession there for for-ty
years and more ! — to bear in mind that an Ameri-
can settler's foot (so far as I know) never trod that
soil! — not to forget that we have been ne£;otiating
for forty years, and always offering to Great Britain
to compromise for all below Frazer's river ! — then
to turn to the Sixth protocol of the negotiation this
day pending and undetermined, and there read
what the British Minister said, to wit, on the 24th
of September, 1844: " He was for the present obliged
' to declare that he did not feel authorized to enter
* INTO A DISCUSSION respecting the territory north of
' the 49th paralhl of latitude''' — ay, not authorized
to DISCUSS the British claims "on this Frazer's
river! — and then tell me if national pride, na-
tional honor, and every consideration that can
stim.ulate a nation to war, would not compel
Great Britain to resist, should our Government
undertake to dislodge her settlements there, after
first rudely terminating the negotiation, and boldly
declaring that compromise is inadmissible — yes,
even our own offer, for two generations, out of
the question — " All or none" — " The whole or a
fight." In such a case, Great Britain must fight;
.she ought to fight; and she icould fight. If the
Senator will permit me to supjjose him an English-
man, to him I put the question, then: Were you
an Englishman, would you not resist ; would you
not fight? And if you would fight were you an
Englishman, what, being an American Statesman,
have you done with the golden rule — what with
the Jackson rule — whilst you arc thus " demand-
ing what is not right?"

I propose now to call the attention of the Senate
to the ACTS of the President having an immediate
connexion with the inquiry of what is his posi-
tion.

His acts of commission: "What are they ? Look
to the " records" and see. Therein you find that
he himself offered the line of 49^^ as a compromise
last August. He made that ofi'er notwithstanding
his " settled conviction" individually, then as well
as now, that our title was " clear and unquestion-
able" — not unquestioned, but unquestionable —
not the only claim, but " the best in existence."
He admitted in so many words to the British Gov-
ernment that he felt " committed" as a Chief Ma-
gistrate of the Nation. He tells Congress that he
was" committed." " Committed," I say, by every
thing but the Bond of the United States! I have
already shown that, in saying and in doing all
(his, he only did what it was right in him to do as
a President of the United States. At all events he
has solem.nly declared to the world that such was
his opinion. Having " committed" himself by
his own declaration, and by his correspondent
net, v^ho is a "friend" of the President in this
Senate and yet will dare to say of him, or having
said so, will, on that account, adhere to declaring
that he ought, or that he can, be understood now
as speaking to us for him'e'fhy the same " records."
Such language as this, " I recant it all." " True,
my Country was committed by the acts of my
predecessors." '-True, I have in my own per-
son offered to redeem her honor by a proposal
to yield some portion of what I believed to be her
strict right." " But should the offer of my pre-
decessors already adopted by mCj as that of the

nation itself, happen to be returned upon me, I
will not entertain it!" "There shall be no com-
promise" — "No consultation with the Senate" —
"All of Oregon or none" — " 54° 40', fight or no
fight !" Oh, my God, wliat an attitude is this for a
nian's friend to assume for him!

I hear a Senator behind me say from his seat,
" The President has put himself there ."' Never ! nev-
er ! He has not said it. It is nowhere on the " rec-
ords." This kind office has been performed for him
by his " friends," who seem determined to have
his company; and because they go for " All of Ore-
gon or none," to take the Administration along
withthembyconstruction,atany and every peril, to
its consistency and to the peace of the United States.
No, sir! no, sir! The President has not put /lim-
self into that position. Had he done it, or if he
should do it; I for one do not hesitate to declare
that it would comjiel me to turn my back upon
him and his Administration. I have not that friend
upon earth whom I would support in a position
so inconsistent with his own professions of high
devotion to his country's honor — so injurious to
this greatNation's fame — so perilous to the world's
peace. The President made not a manly offering to
the committed character of our country and to the
peace of the world, that he might ingloriously
snatch it back again before it could be accepted,
simply and singly because it was not seized upon
in the day, or month, or year he offered it. I ask
his pardon for the supposition that he could. For
one, I do not doubt him. Before I will do it, he
must sign a plain recantation. I would hardly be-
lieve that. He must do the foul deed befoi-e I
surrender my faith.

What if it was xcithdrawn after its last rejection ?
That is nothing, for it had been in like manner icith-
draurnhy his predecessors. If their withdrawal in
1817 and 1827 left the Government still committed,
how could it be otherwise because he withdrew the
same offer in 1345? This plea would be a miser-
able subterfuge, and no Senator will adopt it in
the name of (he President; none can do it, and call
it an act of friendship to him.

Mr. President, ought not this one act, of itself,
to be conclusive against these false constructions
of the Message ? But it is not all. We are in
possession of more — much more — in these " rec-
ords;" for it is to them I speak. The President
knows his own purposes best — where he intends
to stop, and whether he has, in truth, already
terminated his efforts to negotiate a compromise.
He knows that, if he terminates negotiation, and
rashly encounters the hazard of asserting our ex-
treme claims to the ivhole of Oregon up to 54° 40',
the United States must either retreat ingloriously
from her pretensions or prepare to dislodge Great
Britain and to defend herself by force of arms!
That I think I have already proved. And yet, oh !
what an OMISSION! No notice has been given
for this necessity to Congress or the people plainly
and directly, as it ought to have been. No rec-
ommendations to Congress to prepare for our de-
fence, or for the forcible assertion of our rights,
are in these " records!" To prepare now — to-day.
No estimates have been sent up to us for that ob-
ject. None. Nothing of the kiiid. The estimates
are lowered, not increased ! What is the inference ?
What does he mean that you shall understand by
tlus? That there is, 6»i, his part, no intention to

compr muse.' That negotiation has come to an end,
and will not be pursued by liim? And v/ill not
his friends permit themselves to see, when they
tlius misconstrue his Message, that they involve
tiie President, were it true, in a guilt too deep for
decent utterance? — An inexcusable, treacherous,
cowardly, criminal concealment of our country's
danger; when, if in reality there is to be no further
negotiation on our part, there can be no excuse —
no reason — no pretext — for silence. Cut the con-
struction is false: President Polk viould not betray
his country thus. Depend upon it, he would have
told you plainljr and directly of it, if he had aban-
doned negotiation on his part; not daring thus to
bring you to an " inevitable war." or a worse alter-
native, for " All of Oregon or none,*^ against your
consent, and without notice to prepare for it. That
he has not so warned and so informed you plainly,
is, to my mind, conclusive.

Nor is this all. The President knows, as well
as he knows the faces of Senators, that a very
large proportion, I will not sny how many, of
those who expect to vote this notice into his hands
arc fiivorablc to negotiation for a compromise at
49°; and that we would not do it, not for an in-
stant WOULD I THINK OF DOING IT, if wc bclieved
the construction that has been placed upon his Mes-
sage by the Senators of Ohio, [Mr. Allen,] Indi-
ana, [Mr. Hannegan,] and Illinois, [Mr. Breese;]
and, perhaps, also — I am not certain — by the
Senator from Micliigan, [Mr. Cass.] He must
know — he does know — that we would not vote
for it if, on the contrary, we did not confidently
believe, from his past conduct, and the absence of
any plain i-ecantation in the Message, that tliis
notice vvill be used as a means of pursuing the
pending negotiation upon the basis of compromise,
as a moral instrument to help, and not to hinder
it, as it has been heretofore conducted by him-
self and his predecessors. And, yet, is there a
Senator here to speak to us and say, that he is
authorized to undeceive us; — if, indeed, we have
been thus deceived ? No answer ? Then there is
no one. Then the President has authorized no-
body to speak for him, and confirm this senato-
rial interpretation of his Message, as made bj' the
*' true friends of Oregon." I do believe he would
have done that, and more than that, rather than de-
ceive and betray so many of this Senate. I am tliere-
fore friend enough to the President to doubt and to
deny this fiilse construction and fiiithfulness to my
trust as a Senator compels me to do it, as from my
heart I do this day, openly, before the American
Senate. If any one here be now autliorized to
speak for him, let him speak.

I come to one other act of omission, wliich I
mention without the slightest intentional discour-
tesy to the honorable Senator froni Ohio,. [Mr.
Alle;j:] but the facts are well known to the Sen-
ate; and the omission to which I allude bears too
strongly upon the point before me to be altogether
pretermitted. Mr. President, my subject is too
important for me to sacrifice truth and argument
to any fidse delicacy. It is no q\iestion of dollars
and cents; but it is, as I regard it, and as this
Senate looks at it, a question of peace or war —
honor or dishonor to my country. The chairman
of the Committee on Foreign Relations, then,- has
always been regarded, in the practice of legislative
bodies, as a depository of the Executive purposes

and opinions, privnfe as well as public, in so far as
they are connected with our foreign relations. I
do not say he is required or expected to tell the
Senate anything conf.dentially entrusted to him.
By no means. Not at all. But heretofore it has
sufficed if he met imprudent inquiries by an ex--
pressive silence — by his simple unexplained waiver
of unsafe interrogatories we could know what
we were about. How is it in this matter? The
honorable chairman, with most alarming em-
phasis, more than once, when he was stimulated
by no question from others, but of his own head
and imagination — I grant you, of his own "clear
and unquestioned" right — has assumed to construe
the Message for us, as a record by which the
President had botli pledged himself and notified the
Senate that there would be no further negotiation
for a compromise. I hoped he was mistaken, and
I always believed he was. This has been iterated
and reiterated in the Senate by the honorable
chairman and other Senators; and it has gone to
the world, where it will be hastily taken up by thou-
sands, as though it had been an AUTHORIZED
exposition of the views and intentions of the Ad-
ministration. More recently , the Honorable Chair-
man proclaimed that the President's opinions and
views had undergone "no shadow of iuriiijig-;"
but, in answer to a direct inquiry put to him on
the floor of the Senate by the honorable Senator
from Maryland, [Mr. Johnson,] it M-as distinctly
admitted by himself that the " records, and the
records ALONE," were the sources from which
he derived any authority thus to commit the Pres-
ident against negotiation. In a word: that the
Honorable Chairman's speeches were but infer-
ences of the Senator — not authorized interpretations
by the chairman. From the '' records ALONE."
aiark thatr

The Honorable Chairman of Foreign Affairs,,
then, it appears, has not obtained and does not
possess, confidentially, the views and purposes of
the President; and wliat he has given us was the
logic of his mind, not an authorized dictum of hit?
office. After his own declaration in the Senate, it
would be doing him great injustice to insinuate or
to suspect otherwise, or that he meant anything:
else.

Here then we see a Committee of Foreign
Afiliirs in the Senate for more than two months in
possession of a great subject, and with these iden-
tical " records" refeiTed to them for consideration
— early notice asked for — a resolution reported ^
and speeches delivered — but no communication
has been made to the chairman intimating that
his senatorial construction of the President's mean-
ing is true or false ! If the construction be not true^
we see a reason for the President's silence. Plow-
ever painful to him personally, he owed it to all the
proprieties of his own public stiition, and to the
service of the Republic, not to speak betbrchand
of his future purposes in a tugotialion through
the Chairman or any body else. I'f the construc-
tion, hov/ever, be true, the duty of the President
would be a plain one to himself^ to the Senrcte, and'
to the Nation. He should have- authorized thai
committee to set the country right at once, by con-
firming the Senator's interpretation to the letter, and
bringing the Senate to one mind about what it is'
he means, and what it is he wants Avith a notice
after liavi'ng determine;] to go for '=AU of Oregon'' —

" No compromise" — "No negotiation !"_ To my
mind it appears, therefore, that this omission to
make the customary confidential disclosures to the
Chairman of Foreign Affairs, is pregnant with in-
ferences. More especially as we know that Sen-
ator to be the personal and political friend of the
President, but one who has committed himself,
and would seem inclined, I must say, to carry the
Administration with him, either before or behind,
against all compromise, and, consequently, against
all negotiation. I do not say, that these miscon-
structTons are wilful. I never harbored a thought
that they were.

But, again, Mr. President: If the Administra-
tion wished to stop all negotiaiion, on their part,
nothing was easier than for the President of the
United States to do all that without coming to Con-
gress at all. By the general law of nations and of
common sense, we know that this convention of
1827 might have been abrogated by the mutual con-
stat of the parties to it. That is precisely the mode
in which a new treaty annuls an existing conven-
tion. Beyond all controversy, the President, in
virtue of his constitutional power to propose nego-
tiation and to make treaties with foreign Govern-
ments, had authority, without the knowledge or
consent of Congress, to make a proposition to the
British Minister to annul the convention of 1827,
by the mutual consent of both Governments, and
there to stop. I think it is highly probable that
this proposition might have been accepted. But
what if it had not ? Is there a Senator who doubts
that such a proposition, whether agreed to or not
by Great Britain, would have terminated and of it-
self have put an end to the fending negotiation /or «
compromise; and that the British P»linister, if he had
not taken leave of the country, would have been
obliged to take short leave of this subject of Ore-
gon?

Why, then, was it not done? Why was it not
attempted "in that manner?" Why was that
more ready and direct manner of terminating the
negotiation for a compromise and abrogating the con-
vention of 1827 omitted altogether? There is no
answer consistent with the republican integrity
and manly patriotism of our President, except that
which I have already insisted upon: — That he did
not wish to put a stop to negotiation on his part.
That he stands upon the line of 49° as a compro-
mise, bj?- the side of the nation's honor, as he un-
derstands it. That he stands there to-day, as he
did last December, with the crown of peace upon
his head, and he has not asked to be clothed in the
panoply of roar. That he wants peace, honorable
peace — not war, dishonorable war!

Mr. President, I am very loth to trespa.ss upon
the patience of the Senate; and perhaps I might
safely stop here. But your indulgent attention
encourages me to proceed; and as I proposed at
this point, so I invite you to look and see whether
the iDord.s of the "record" are, alas! so plain, and
their meaning so clear, as to exclude those infer-
ences which the confidence of agenerousfriendship,
the justice of a Senate, and even the ordinary chari-
ty of any man, might accord to the President of the
United States, in a full view of that which I have
already imperfectly reviewed. Before doing that,
I remark, however, that when Senators talk about

making the inference from tliese " records" that
the negotiation is at an end, they forget that the
fact appears in their:face directly opposite to their
inference. The negotiation which begun in Mr.
Tyler's time, and v/hich has been continued by
President Polk, is, in reality, a pending negoti-
ation this very day. It never has been terminated,
on our part, up to the hour when I am addressing
this Senate. Only discriminate for a moment be-
tween a negotiation and the correspondence of the
Ministers, and the fact is at once palpably before
you. A negotiation may be open, and continued,
whilst the correspondence of the Ministers may be
suspended, or delayed for a month or a year.
This distinction needs but to be stated in so en-
lightened a body as this. Illustrations would be
useless and unprofitable HERE. Yet may I not
be pardoned for reminding you -that a negotia-
tion, in the proper sense, is a business between
two Govei-nmcnts, as Governments — opened by their
mutual consent as Governments to treat with one
another upon State affairs; and which once opened,
cannot be amicably concluded without a like mu-
tual consent, (as by a treaty or a convention,) ex-
cept one of the parlies shall first dircclhj notify the
other of its intention to close it.

I think this definition, if not precisely accurate,
is enough so to answer the purpose of presenting
this pomt to the mind of the Senate distinctly,
and that is all I shall aim to do, making no re-
ferences to dictionaries or authorities. With this
distinction in our minds, it will be seen that if
the President had said to Congress in so many
words, "Negotiation has terminated;" it would
have been nothing but the m.istaken statement of a
fact, so long as a reference to the "whole corre-
spondence" clearly showed the fact to be other-
wise. The President's own direct statement could
not alter the fact. If it would be so, were the state-
ment unequivocal and direct, what is to be said of
a mere INFERENCE by his "friends," from
equivocal language, but that it is a FALSE IN-
FERENCE ? Now, then, this whole correspond-
ence does show clearly that the negotiation was
regularly opened; but it nowhere appears that
the President has notified the British Minister, or
that the British Minister has notifed the President,
of any unwillingness to pursue it, nor that they
have mtefiw?^!/ agreed to terminate it; and therefore
it is still open. On the contrary, the British Min-
ister was informed by the President (page 85) that
he earnestly " hoped that this long pending con-
' troversy may yet be finally adjusted in such a
' manner as not to disturb the peace or interrupt the
' harmony now so happily subsisting between the
' two nations." That hope is again expressed
upon the occasion of our refusal to ARBITRATE.
Great Britain so understands it; and accordingly
we see her Ministers daily in our streets, and our
intercourse with Great Britain is as friendly as it
ever was.

The assertion or the inference, therefore, that this
negotiation has been concluded, is thus shown to
be directly contrary to an ascertained FACT; and
every attempt to prove it is a most absurd, may
1 say a ridiculous, attempt to prove before an
American Senate that, which we both see and
know, from the " record itself," to be UNTRUE.

Negotiation, thon, in its proper sense, is pending.
Wliat negotiation .' Wliat nc;»;otiation is it? That
same unconclnded nc^'otiation which, by the first
protocol, our Goi-cnwuiit agreed, in writing, to ap-
proach " in the spirit of compromise," (page 36.)
That same luironcliidcd negotiation whicli Presi-
dent Polk declared to tlie British Minister lie had
" determined to pursue to Us conclu-don, upon the
principle of compromise, '' (P'\?p fi~-) Tiiat same
negotiation in which President Polk admitted to
the British Minister that this Government was
" committed" to " a compromise" which he offered
to Great Britain, (page G2.) That same negotia-
tion in which the President said to Congress that
he was "committed" by tiic conduct of his pre-
decessors to offer the line of 49° as a compromise,
and that lie had therefore superadded his own offer
of it to their precedents, (pages 10, 11.) That
same negotiation whereof he declared to Congress
that the "British proposition" to us is "wholly
inadmissible and cannot be entertained," with a
due regard to our honor, were it re-offered; but in
which he has NEVER said that he would refuse
to entertain the Jlmcriran proposition if it should
be returned upon him aijain. But he does admit,
and by his conduct he hasconfirnied the truth of it,
that the ^Imcrican jiroposition for compromise was
consistent with our honor and demanded by his
regard for the national character. Yet, Mr. Pres-
ident, have you been constrained to sit liere and
listen to a long and (I fear it will be) a tedious
speech from me, to prove, to demonstrate, that the
President has not terminated nfs;oli(ition on lus v art ,
and that he has not resolved not to cmnp-mnise this
controversy, almost upon his own terms, should
Great Britain ask him to do it.

One or two general remarks upon the charac-
ter of the Message, I must make, before I dissect
those particular sentences which, by being separa-
ted from their context and improperly associated |
and identified with the opinions of Mr. Polk upon
our paper title, have misled so many people.

If for the sake of being understood I .should
be guilty of occasional repetitions, I pray the Senate
to excuse me. I will be as brief as I can. So far
as the President's Message touches upon ORE-
GON, it is not and was not designed to be a dis-
closure of his purposes and opinions in tlie/u/n»"e
progress of negotiation, hut of his past action only.
Wliat is said in the Messaire, from the beginning
to the end of it, about negotiation, is nothing more
than a narrative of the President's ACTION vp
to that time; and the Avhole correspondence is at-
tached to let Congress see and know for them-
selves what he had DONE — with perhaps an occa-
sional introduction (as if by way of parenthesis)
of the motives and opinions by which he had been
influenced to deviate in that ACTION from an as-
sertion of our extreme claim to all of Oregon. Now
it is chiefly from the unfortunate stirlfing-in of
these parenthetical excuses to satisfy the ultraism of
the President's " true friends of Oregon" that the
misconsti-uction of his Message has arisen — stim-
ulated, I know, by external causes; but to which
I will allude no further at present. I speak of the
Message as I read it, and according to my own
mind and judgment upon it; not BY AUTHORI-
TY. In concluding this narrative, and precisely

where it concluded, (poge J],) the President ditf
proceed to express his opinion, upon "evidence"
referred to as "satisfactory," that "ho compro-
mise which toe ought to accept can be effected."

If he alluded to the future, he might or might not
be mistaken in his conclusion; but if to that time —
the time present — it is a harmle.ss fact, as if he had
said, none has been effected. I commend to your
consideration either one of these alternatives.

His reasons for it are given; and they consist
altogether of these facts:

1st. That the British Minister had made a prop-
osition that was " inadmissible."

2d. That he had rejected one which o\ir Gov-
ernment had made, "without submittingany other
proposition, and had suffered the negotiation, ON
HIS PART, to stop." Tlie Senate can judge of
their sufliciency.

At all events, it was " with this cowiction,"
continues the Message, that the American offer,
tchich had been made and rejected, icns tcithdraiony
(p. 11)_THAT IS ALL! Whether a fact or an
opinion, for the future or the present, it was made
the basis of his withdrawing the rejected of-
fer, AND NOTHING MORE. And now what be-
comes of all the inferences made from this single
sentence .'

Again: it is to be observed that he did not express
any determination of his own mind in respect to
his future course; but the fair inferences to be made
from the words of the Message are, that, u-ithout
"this conviction," the American proposition would
not have been withdrawn at all; and upon the sup-
position or contingency of a change of " this con-
viction," by the British Minister ceasing "on his
part to stop," he did not declare nor intimate that
his own offer had become also inadmissible. It
seems to me the inference by us ought to be pre-
cisely the other way; and that the constructions
given to these oft quoted words are illogical and
untrue. There the narrative ended, concluding, I
again repeat, by assigning "this conviction" upon
his mind as his reason for icithdraicing his propo-
sition after it had feten rejected! But nothing more —
nothing more.

He does not expressly ask for the notice as an
instniment of negotiation at all. That is left for
Congress to see and decide upon. He asks Con-
gress for a LAW that will show the concurrence
of the two Departments of the Government in one
conclusion, and that is, that the old convention of
1827 is to be no more, after a year's notice. We
see for ourselves — we know for ourselves, that such
a concurrence will strengthen his hands, and there-
fore we will give him the authority at once, and
whilst negotiation is pending. In that form and
to that extent he asked it, and in no other.

It is true, Mr. President, that the Message re-
commending certain measures of legislation — all of
them, however, entirely consistent with further ne-
gotiation — contained this general declaration: "All
' attempts at compromise having failed, it becomes
« the duty of Congress to CONSIDER whatmeas-
' urcsitMAYbe proper to adopt," &c., (page 11.)
And, after remarking that a year's notice must be
given before cither party can rightfully assert or
exercise " exclusive'^ jurisdiction over " any por-
tion" of the territory, the President said: "This

' notice it would, in my j\>dgnient, be proper to
' give; and I recommend that provision be made
' by law forgiving it accordingly, and terminating
' in this manner the convention of the 6lh August,
' 1827." " All attempts" are very general words.
I admit that; and I am not complaining against
Senators for their first impressions; but surely it is
not illogical nor unreasonable for me to insist that,
with the light of his past conduct now before us —
his acts of omission and commission, — with the
words "consider" and " may" in the same sen-
tence — not "enact" and " is," or the like, — with the
already ascertained fact that negotiation was and is
still pending, — with the knowledge that .TAMES K.
POLK is not an imperious MILITARY CHIEF-
TAIN, but a CHRISTIAN STATESMAN, to
whom politically there is no expectation of a fu-
ture at the close of his Presidential term, — with the
very strong fact that, unless the President desired
to have this legislative action as a merely moral in-
strument to aid him in his executive duties, and
to pursue the negotiation to a conclusion, (if such
should be the will of Congress,) he could have no
use for it that is honorable to him or to his Ad-
ministration, — with all these things as a key to
their true meaning, it will not be said (at least,
not by his "friends") that "all e,fforls to effect a
comproinise" meant anything more than " all the
efforts made anterior to the date of the Message^'' —
" all the efforts made up to that period.'''' So inter-
preted, how harmless the sentence was! How
unjust, how false the deductions made from it!

"But the Message said: "Jit the end of the year's
' notice, we shall have reached a period when
' the national rights in Oregon must either be
' abandoned or firmly maintained. That they can-
' not be abandoned without a sacrifice of both na-
' tional honor and interest is too clear to admit of
' doubt," (page 13.) A great deal has been attempt-
ed to be made of this by the " true friends of Ore-
gon." Now observe, that " at the end of the year's
notice," not before it, in the view of that part of
the Message, will that period be reached. But it
is as clear as a sunbeam that the period cannot be
delayed " a year" unless negotiation is to be pur-
sued. If the President's mind had been made up
to compromise nothing and to negotiate no longer,
it was little less than a deception and a mockery to
tell Congress that the period for abandoning or as-
serting our rights will be reached a year after notice
to Great Britain ! In such a case, the period had
come already. It is now here! — NOW! — TO-
DAY ! — and he would have told us to prepare for
asserting " our clear and unquestionable title to all of
Oregon." This ought to have been his language,
if such had been his meaning. But if, indeed, ne-
gotiation was to be " pursued to a conclusion in a
spirit of compromise," the period for asserting or
abandoning our " national rights" must be delay-
ed, and cannot be reached until the negotiation is
concluded; and if the notice is passed, it may con-
tinue a year, but no longer.

If, therefore, Mr. President, I am not most griev-
ously mistaken in the man and the officer — if I have
not been altogether deceived liy his past conduct
and by these "records," the President has not shut
the door to a peaceable and honorable adjustment
of the OREGON controversy by a COMPRO-

MISE ; but, with noble reliance upon his own good
purposes and a just regaifd for Congress as the con-
stitutional interpreters and representatives of the
public will, he has only paused to see whether the
Representatives of the States and tlie People will
stand by him or not. Standing in the halls of
negotiation, with the door of conciliation as open
as "before, he but turns to receive from Congress
this law to aid his progress. He invites their sanc-
tion as a legislative body to a law for notice to ter-
minate the existing convention of 1827. But he
stands there with dignity, moderation, and discre-
tion, ready to hear his constitutional advisers,
should they bid him to forbear, and if that indeed
be the will of the People constitutionally expressed.
That is his exact position as defined by his past
conduct, and in no way contradicted by the re-
cords fairly interpreted. You see what the Presi-
dent's position is, if I understand it, and I believe
that I do. I have no fear— no doubt— no distrust
of it or of him. WHAT WILL NOW BE
YOURS? What shall we do?

If you think the President has done wrong, a.s
somc'of "the true friends of Oregon" do, and that
he has "committed" himself to surrender too much
for honor, compromise, and peace,— then close the
halls of the Senate, and let those Senators meet the
responsibility of advising him to put an end to ne-
gotiation; and until you have told him that, and
he has obeyed it, do not give him this law to au-
thorize the notice; and then you will be doing —
VOTING— something towards "All of Oregon or
none." That course would be manly; and less
than that will not be just to yourselves, nor to the
President, nor to the country. He will then see
and understand your position truly, and he will
know how to use your notice. He will know
how to advise you for a preparation for conse-
quences. He win understand that you have given
it to him as a sword, and not as an olive branch.

If you think he has proposed too little — and I
fear there may be some here who do, although no
one has yet declared so— that more concession
ought to be made to the demands of Great Britain
than the offered compromise line at 4'J°; that be-
cause the President has not, and probably may
not, make that concession, it were belter to remit
both countries to their ancient condition of a per-
petual feud and a joint occupancy under the exist-
ing convention of 1827; and that this can be safely
done in full view of coming events, then it is cer-
tain—I admit it without hesitation— that the notice
oudit to be REFUSED by you.

But if this Senate have made up their minds that
the line of compromise at 49° is substantially all
that we ought to yield, or can yield— and if they
are willing to strengthen the arm of the Executive
in his efforts to settle this dispute THERE, and by
a COMPROMISE, to preserve the honor and peace
of our country, satisfied as we must be that now
or never is the time to prevent demagogues of our
land from converting this difference mto a dispute
—this negotiation into a war— they will then give
him what he asks for— give it to him promptly,
confidingly, by passing some sort of law for a
notice, wliile "he stands in his present position,
that he may terminate the convention of 1827.

Mr. President, I hope I have not decided with-

out a just consideration of my responsibility, both
liere and hereafter, upon the position I siiall
take. But after much reflection, long and anxious
thought, a conscientious effort to determine the
point with justice to other nations, but with un-
faltering faithfulness to the honorable obligations
and lasting interests of my own country, I have
come to the conclusion, as a Senator of the United
Stiites, that we cannot, ought not, must not com-
promise this controversy in any manner very nia-
teriiilly different from that to which the President,
as I understand his position and these records,
sUinds himself committed, and RIGHTLY COM-
MITTED;— and I shall therefore vote to give him
the notice, and with it all the moral weight of
an American Sevate's settled opiviok, that if
Great Britain will not, or if she cannot, consent
to do us justice, by yielding her pretensions of
dominion over the territory below that line of
49° as a compromise, then WE WILL HAVE
TO FIGHT. I repeat it, WE MUST THEN
FIGHT FOR IT. If my mind had not settled
down into a determination to concede no more than
a compromise at 49°, with the qualifications al-
ready sU-itcd, I would vote against the notice; for
without that determination of the Senate the no-
tice would have no moral weight whatever, and be
worthless, worse than worthless, in the negotiation.
It would be a temporizing pretence — a species of
legislative di|ilomacy, an emjjty bravado, of which
v/e have had quite enough already, unsuited to the
dignity of this body or the gravity of the subject,
and rather embarrassing than helpful to the Ad-
ministration in pursuing the negotiation. In a
word, we ought to refuse the notice unless there is
a solemn determination to make the compromise
line of 49'^ our FIGHTING LINE— i/ it must be
so.

But, Mr. President, there are some other topics
that have been introduced into this discussion,
which I feel obliged to notice. We have been told
that the PEOPLE have decided this question,
and all Democrats are ctdled to obey the voice
of the people at the peril of consequences. I
am a Democrat, and upon party questions a party
man. Of this, I make no concealment; and at
home I have never been suspected, I think, but
once, and that did not last long. But I am not a
slave to dictation, nor a tame follower of any
man's lead, especially upon questions likely to in-
volve my party in danger, or my country m ruin.
I am Democrat enough not to shrink from speak-
ing the Irutli boldly to the people, as they shall
liear who hear me at all. I had rather serve them
than please them, though I have found in my own
experience that honest service is the best avenue
to their confidence. I do not know nor believe
that the people are opposed to an honorable
compromise of this controversy. That they
might be made so by wilful appliances, I have
no doubt. But I do not shrink from meeting
such an issue directly — not I. I should hold
rnysclf no Democrat if I did. By the Constitu-
tion of the United States, the makivg of trea-
ties is confided to the PRESIDENT, under the
advice of the Senate. I talk of treaties; not ordina-
ry laws. In treaty-making, we act in private, and
upon information we cannot disclose. We deny to

I foreign Ministers the right to discuss the cause of
j their Governments to our PEOPLE. Should one
undertake it, he would be driven from the country,
as he ought to be. We represent STATES; and
I Senators are presumed to be statesmen of some
learning and great judgment. We generally ratify
a treaty before the PEOPLE are permitted to know
anything of it, or of the reasons for its ratification.
If we were cautious to observe the rules, this would
always be the case. How absurd, therefore, to
assert that the People have retained, or that they
wish to exert, or that they can rightfully exercise,
the power to instruct the Senate upon the making
of a treaty. How execrable and revolutionary
would be the doctrine that a President should seek
to set aside his constitutional advisers, and go be-
fore the people, whether it were the honest " mass-
es," or Baltimore Conventions, or town and county
meetings, wherein factions are first formed, and
then led by demagogues, who called them together.
Oh, my country! — my country! when that shall
be our fate, if, in the providence of God, it shall
ever be!

Sir, hear what the Father of his Country said, a
half a century ago. Let the People hear him. Let
an American Senate hear him. Let PRESIDENT
POLK hear PRESIDENT WASHINGTON, and
stand to his position ! How precious will be his
reward !

"There had been a public meeting in Philadelphia
' for the purpose of passing resolves against Jay's
' treaty. After the business of the meeting was
' closed, a copy of the treaty was suspended on a
' pole and carried about the streets by a company
' of people, who at length stopped in front of the
' British Minister's house, and there burnt the
' treaty; and also before the door of the British
' Consul, amidst the huzzas and acclamations of
' the multitude !" In Boston the same sort of thing
was done, and a town meeting addressed to the
President a protest. This was his reply to all:

" To Ezckiel Price, Thomas Walley, William Board-
man, Ehenezcr Seaver, Thomas Crafts, Thomas
Edwards, IVilliam Little, William Scollay, and
Jesse Putnam — Selectmen of the town of Boston.
" U.vited States, July 28, 1795.
" Gentlemen: In every act of my Administra-
' tion, I have sought the happiness of my fellow-
' citizens. My system for the attainment of this
' object has uniformly been to overlook all per-
'sonal, local, and partial considerations; to con-
' template the United States as one great whole; to
' confide that sudden impressions, when erroneous,
' would yield to candid reflection; and to consult
' only the substantial and permanent interests of
' our country.

" Nor have I departed from this line of conduct
' on the occasion which has produced the resolu-
' tions contained in your letter of the 13th instant.
' Without a predilection for my own judgment, I
' have weighed with attention every argument
' which has at any time been brought into view.
' But the CONSTITUTION is the guide, which I
' never can abandon. It has assigned to the PRES-
' IDENT the power of making treaties, with the
* advice and consent of the SENATE. It was
' doubtless supposed tliat these two branches of

' Government would combine, without passion, and
' with the best means of information, those facts
' and principles upon which the success of our
'foreign relations will always depend; that they
' ought not to substitute for their own conviclion the

• opinions of others, or to seek truth through any
' channel but that of a temperate and well-informed
' investigation.

" Under this persuasion, I have resolved on the
' manner of executing the duty before me. To the
' high responsibility attached to it, I freely submit;
' and you, gentlemen, are at liberty to make these
' sentiments known as the grounds of my proce-
' dure. While I feel the most lively gratitude for
' the many instances of approbation from my coun-
' try, I can no otherwise DESER,VE it than by
' obeying the dictates of my CO^i^SCIEXCE.

" With due respect, I am, gentlemen, &c.,
[Signed] " GEORGE WASHINGTON."

Who does not know the history of that party
denunciation and violence which disturbed this
nation even under Washington's Administration,
when GENET appealed to the PEOPLE of the
States in behalf of France and against Great Brit-
ain, and how PFvESIDENT WASHINGTON'S
celebrated Proclamation of Neutrality saved the
PEACE OF AMERICA. In taking leave of the
duties and cares of public station, hear what
Washington said of it to the people:

" After deliberate examinatioBi, with the aid of
' the best lights I could obtain, I was well satisfied
' that our country, under all the circumstances of
' the case, had a right to take, and was bound in

• duty and interest to take, a NEUTRAL position.
' Having taken it, I determined, as far as should
' depend upon me, to maintain it with moderation,
' perseverance, and firmness.'^

And, oh, how like a patriot and father, did he,
still yearning over his country, warn us by his
FAREWELL ADDRESS to beware of all self-
constituted combinations to overawe and control
this Senate ! It is Washington who speaks to us
from the grave; let Senators listen!

" The basis of our political systems is the right
' of the people to make and to alter their constitu-
' tions of Goverimient. But the constitution which
' at any time exists, till changed by an explicit and
' authentic act of the whole people, is sacredly ob-
' ligatory upon all. The very idea of the power

• and the right of the people to establish govern-
' ment presupposes the duty of every individual to
' obey the established government.

"AH obstructions to the execution of the laws,
' all combinations and associations, under what-
' ever plausible character, with the real design to
' direct, control, counteract, or awe the regular delib-
' eralion and action of the constituted autiiori-
' ties, are destructive of this fundamental princi-
' jile, and of fatal tendency. They serve to organ-
' ize faction, to give it an artificial and extraordi-
' nary force, to put in the place oC the delegated will
' of the nation the will of a party — often a small
' but artful and enterprising minority of the com^
' munity — and, according to the alternate triumphs
' of difiorent parties, to malce the public adminis-
' tralion the mirror of the ill-concerted and incon -
' gmous projects of faction, rather than the organ

'of consistent and wholesome plans, digested by
' common counsels, and modified by mutual m-
' terests.

" However combinations or associations of the
' above description may now and then answer
' popular ends, they are likely, in the course of
' time and things, to become potent engines, by
' which cxmning, ambitious, and unprincipled men
' will be enabled to sxibvert the poiver of the PEOPLE,
' and to usurp for THEMSELVES the reins of
' Government, destroying afterwards the very en-
' gines which have lifted them to unjust domin-
' ion." — Farewell Md^-ess.

What words of wisdom and of truth are these !
They are the principles of liberty, well-regulated
liberty; of freedom, constitutional freedom.

Methinks I see the coming storm. The press may
be already charged ; but no matter. This is my
country's question, not a mere party strife. These
are the sentiments my head and my heart approve,
and I will not withhold them. The President may
peril his Administration — some of you believe he
will — if he or his friends should dare to think like
WASHINGTON— to act like WASHINGTON.
But he will violate his dutt and peril his countrt
if he does not. So did WASHINGTON peril
his Administration ; but, the people, the DE-
MOCRACY, came to the rescue, and all was well.
A much humbler victim (like him who addresses
you) must expect to be marked as a disturber of our
party harmony. But shall I preach harmony when
there is no concord, upon such questions as these .'
It would be political hypocrisy. I read to an Amer-
ican Senate the lessons which Washington taught,
and upon which AVashington ACTED; and if
" that be treason, make the most of it. "

But, before you strike, the PEOPLE shall hear.
Are not these the true principles of the Constitu-
tion, upon which every Administration of this Gov-
ernment, from Washington down — Federal and
DEMOCRATIC— have ACTED,— have ACT-
ED, I say — in the management of our foreign affairs ?
I challenge a refutation by their acts — not mere
words. It is southern Democracy, Mr. President,
beyond all dispute. It is that sort which I have
always professed; not like a potato, that grows
under ground at the root; but which blooms and
bears its fruit in the open air of heaven, and then
ripens and is fit for use.

I say nothing about Legislative Instructions:
not a word. I have not time to speak upon that
point, so as to express myself in a manner to avoid
misrepresentations; and it is not necessary I should
raise that question before I shall be instructed. Suf-
fice it to say, that North Carolina has not in-
structed her Senators. 1 esteem it a jewel in the
crown of my State, that North Carolina never didj
in any parly mutations or political excitements, in-
struct her Senators upon a tueatv or treaty-
Making, so far as I know. I presume it will not so
much as be pretended that I ought to pay obedi-
ence to the mandates of any other State.

[At this st;\gc of his remarks, Mr. Haywood
gave an amusing account of the game of politics
to be played with this Oregon question in Presi-
dent-making. The substance was, that the great
Western Democratic statesman, (Mr. Benton,) — [he
had seen ever since last summer,] — Was to be drum-

med out of the party, with the false label upon his
back, of " traitnr to Oregon!" The gi-cat Southern
Democratic statesman, [INIr. Calhoun,] was to be
dismissed, falsely laliellcd with the cry of" Punic
fu'tth to Oregon." The Senator from Arkansas,
[Mr. Skviek,] another eloquent and early friend
of Orca;on, would find himself marched out for his
want of foresight — because, in the last Consjress,
he made a speech for the notice, but instead of
jjoing: for " all or none," " fight or no fight," he
had got for his reward a vulgar patch to his back,
of ^'notice for the sake of negotiation." The
Secretary of State, [Mr. Buchanan,] and all the
Cabinet, would probably be dismissed, in a body,
from the party, branded as " British compromisers."
And as that left the Governor of JVeto York still in
die party, Mr. H. asked, " what of him? How
is he to' be got rid of?" "Oh, that will be a
small job, provided the indignation against the
Washington' treaty can be kept up to a white
heat long enough, as he voted for its ratification."
[Then turning to Mr. Webster] — " The Senator
from Massachusetts may see a more amiable ex-
cuse for certain stale strictures upon the " Wash-
ington treaty" than malice towards tlie negotiator.
GbVER^'bR WRIGHT, as a Senator, voted for
its ratification; and he happens not to be here to
vote upon Oregon. So " Ratification of the Jlshbur-
ton treaty," will be his badge upon his dismissal.
During this part of the speech there was much
laughter, and the picture, although drawn serious-
ly, v/as exhibited in good humor. He then pro-
ceeded as follows:]

Why, in the name of all that is safe to my party,
where do the Democrats expect to find a Presiden-
tial candidate? Who will be our President after
we have expelled all our biggest men ? Sir, I am
sure I do not know.

[Mr. Hannegan remarked: "Take him from
ninongst the people, where we got one before."]

Oh ! Ay, then he IS to be taken from among the
people, is he — without resorting to such statesmen
as those I have named? We shall see, however,
whether the people agree to have this game played
nfler a three year's notice.

There is a mistake, however, Mr. President, in
what the Senator from Indiana exclaimed, at his
first sight of my imperfect picture. In my State,
let me tell that Senator, wlicn Democrats talk of
" thejieople,"wemean " themasses" — the " bone
and smew" of the land, as distinguished from the
statesmen, lawyers, politicians, and such like. In
that sense, I deny that President Polk was got
for n candidate from among " the people." He
has been a politician all his life, and we knew it
when he was nominated.- Thank God for it ! —
he has now proved himself to have been more —
one of the statesmen of this great country. And
if he will only sUmd up by the side of Wash-
ington, as he has done, and I hone he will do, he
will be entitled to our lasting admiration. That
sort (if fl:Utery to the people would not take at all
with " the people" in my part of the world, and I
should be sorry to think it would tii'kle the people
very much anywhere. A man is no worse, as a
man, because he docs not possess tlie learning and
political experience which are requisite to fit him ,
for the station of Chief Magistrate of the United |

States. Nobody pretends to that. But it is a
great evil when everybody thinks he is fit to be the
President; and if my friend from Indiana should
stand up before a crowd of honest Democrats in
my State and talk to "the people," the "real peo-
ple," the "masses," there — the men who drive
their own ploughs, make their own carts, &c., and
quiedy pursue their occupation at home — about
NOMINATING ONE OF THEM FOR PRES-
IDENT, they would do what /will not — laugh in
his face, and tell him that he might as icell talk of get-
ting a blacksmith to mend icatches.

But let me ask the attention of Senator."* whilst
I give to the Baltimore resolution a more par-
ticidar notice. It has been often referred to in
the Senate, and no one has answered. 1 be-
lieve the Senator from Illinois [Mr. Breese] is
entitled to the distinction of having first read it
in the Senate. He did not have the Secretary
to read it, but read it himself: Next year for
the next step! The Senate, having no wish to
misrepresent me, need not be asked to remember
that I shall have nothing to say against the conven-
tion or its members. The resolution which has been
gravely read, and often relied u])on as deserving
great weight and consideration in our deliberations,
IS my subject; not the convention. The resolution
on Oregon is simply this: The declaration of opin-
ions by a party convention recommending those
opinions to the people which were unanimously
adopted by the conveiuion. That is its precise
character. They are before me:

" Resolved, That our title to the whole of Oregon
' is clear and unquestionable; that no poition of
' the same ought to be ceded to England or any
' other Power; and that the re-occupation of Ore-
' gon, and the re-annexation of Texas, at the ear-
' iiest practicable period, are great American meas-
' ures, which this convention recommends to the
' cordial support of the Democratic party of this
'Union."

It is remarkable how this resolution has acquired
so much importance now, when it was not even
thought worthy of being communicated to Mr.
Polk" at that time by its authors. I have before
me, in Niles's Register, the letter informing him of
his nomination, and expecting to elect him; and his
reply accepts the nomination, hoping they may.
That is about the whole of it. In good taste, and
enough said. If any Senator wishes it, I will read
the letters. Plere they are. But not a word about
Oregon — not a syllable. No pledges made, and
none required. In truth, we all know that the
Baltimore Convention was not called to instruct or
to express opinions for the party, but simply to
choose a DEMOCRATIC CANDID.\TE. So
you come round again to Mr. Polk's opinion
voluntarily expressed before he was a candidate
for President, and which he has not changed to
this day. Of that I have already spoken.

Then whom does tliis resolution biiid? Why
brought into this Senate? But before you answer
me, recollect there were two Baltimore conventions.
[Some person said — " three. "] 1 know, but I don't
count the Tyler Convention. [A good deal of
laughter took place .at this remark, and Mr. H.
said, " I mean no sneer — no offence to any one."]
The fr/iig Senatoi-s, I suppose it will be admitted,

are not bound by the Democratic Coiivenlion res-
olution. [Mr. Dickinson, of New York, and
others said, " Of course not."] Then that is settled.
How is it with a Democratic Senator, whose State
voted for Mr. Clay, and repudiated the Democratic
Convention? That is my case. My State adopted
the Constitution many years ago; and besides that,
they refused to vote for Mr. Polk, or to approve this
resolution in 184-1. What is it expected of ME
to do.' To obey the Constitution, and follow the
people of my State; or this resolution of a con-
vention sent to Paltimore to NOMINATE A
CANDIDATE FOR PRESIDENT, but not to
make CREEDS for the party.' [Some one re-
marked, " Of course you are not bound as a Sen-
ator."] Very well ; it is as a Senator I talk here,
as a Senator I vote here, and as a Senator I heard
these resolutions read here; and yet as a Senator
I am not bound to heed them. That is a strange
result after all we have heard of this matter. And
in behalf of my Democratic neighbors, the Sen-
ators from South Carolina, I would respectfully
inquire whether they were bound, and how far.'
— since South Carolina would not join the conven-
tion, and had no delegates in it. [Several voices:
"Oh, yes; her delegates came in after."] I under-
stand it: South Carolina delegates came into the
nondnafion. However, I suspect that much of all
this, intended or not intended, will be used to aid
the cry of "Punic faith" — "Punic faith," of
which I shall speak hereafter.

But in the next place, Mr. President, iii.t(j/'/i'(^i(';/-Hi((/i7ii;!',miil
to l\(lv|po iho I'rofiiih'nl iicodidint) In my IionI jiidfv
iiioiit, Ujidii tlio rosiioiipiliilily dC my nwn' nm
soioiioo, mid I Rlinll finvoni I'liysoll' iii'i'nnliimly ;
lUHiiMiiilolilo Id (.^iil ihol my nid'livoN nro ijt'dd. in
my miwdiliiioH ihiit mv pi'ioooIi ho iVnnk, In tho

i.odi.iodiiiv (hni I ho lu<lirr.

Whiil Iho Olid drtlioMolhiii^;f4 niuy ho, irilioMon-
nlo bIiiiII onmo In llio umiio oniioliiRinn willi mo,
IiiiibI do|>oiid ii|idii llio odin'So (Irnil Urllniii moy
(Mirsiio, or mi\y iml |mi'mio, iijuiii Iho snhjorl id' n
Odiinu'iimiso. (M* Hull I Kiidw tinlhlnji'.' I inily
Idmvv vvhiil f>ho oiuair In i|n, mid ihiil. I Ii'iiirI Iii
(Jud fdio will ill., (^110 Ihliifi' i» o(.;rit\lii— U will
ln'liiM' 1114 Id iho Olid, ir II (liioHi iml uiil iiogiilintidii
il will mil hllidor il,

I holiovo (Iroiil Mrltuin donlros |ionoo, l.oomiRO il
l« hor liiioi'o<al Id ih. Il, I lor Miiiislor in wllli hoir-
ihoMiiiirtlon.r I'oooo- iho Mliilslor dl' Poihm> ft'nm
n ('hi'if*liun |iodiilo iiitd it Chrisllmi Odvonimont,
Why phdiiltl wo ddiil.t Iho I'osiill f llo will hm'il
ly lOKVo hol'di'o hr lijis 111 loiiRl lidil iiS whal ifi ihiit

"FUin'MKU I'ROIU'^.M. MoUl''. (X)N8lH'r.

mr WITH rAIRNKHM AND KfilU'rV/'

wlii'h lio l.nifitcd llic. Anicrii'dn Clnvornmorii wniild
iiiiikn Id him, (////. 1 1, (!!),) Hir, llic civili/.c-d world
would oxoiriilo Ihi! Mininlors oi' holli (idvo.rnmoiila
ir iIiIh ri(^ii;dlinl.idii wlmidd ho Icrrnirwrlod (i|idn miy
|idiri(. dl' jiorRonnl or dii'loinMl.io. tauivi'/iTf,. rihriM-
lidii liirids dro mil l.o ho involved in Wdr« dl. ihiw ihiy
(or llio iidiwinnl y;lY/((,(i of iticir dj^diilw. MiniwIorH
ol'liodoo do iidl Rcolt oociiFiidn (or d (jiidrrol; Iml, if
rodlly ini'linod lo ('dr(i()roirilRC, Ihoy would ho lool(-
od l(|idii iiH iriiporiihio liwiijrlnii^ when cilhor or holli
of ihoiii riimidl, lind in llioir dwn coriofsiiondorico,
or olwowlioro, d ronwon nr it proloxl (or m/ikin^ miy
oD'or tlidl would |irovodci'o].ldlilolo holh. Ic tkhiiii
iiif, ANV Biiod, lodVo dll llml lo Ihom, (uid Ihoro let
iJio roF)|ionFiiliilily i'i^nI, iindividod hy wfi.

This iiidllor odii ho coniiiromifiod, if ihe Ivvo
(invi rnnionls dro willing' I" do il. fC aroni Ihil-
diii doofi nol, inloiid t(i oom|iromiRO, wo onj;til lo
liiiow il; lol hor not. hovo ihooxi'tiso for il llml Iho,
I'loRidi'iil. WdH dgdiiist, " ((// rompi^oiii'inci" hiil in
Ciivor dC" dl! ()rot:oii or none," She rIioII nol ho
jiormiMod In Riiy llml llml, miRi-oiiRlriicliim oC llm
Amorii'dii f'rcRldoiil, dllhdiij^h prooldimod in Iho
Amoiicmi .Mrniilo hy Rome Hondtni'R, wiiR noillier
rohiiod nor I'diilriidirloil l>y miy dihor,

TliiH iidliiMi m lid ihronl. iil dli; iinil I ih. nol ox-
|iorl il, IR oilhor Id inlimidiilo (Jrnil Ihilnin or In
dn'ond hor. Iliil, hilhorli. noilhor dl" Iho Iwn (Inv-
oriimonls RooniR In hiivo fully rodli/.od Iho iiociRRily

.,.,.,, ..I,-, f^. ■ ,,.,^ ... ,,,,.. ..i.._|. . ^ ....... .. ■ ■

f loniiiiidlin(r IIiIr IorI cdiiRo nf (liRjinlo holwi
Ihom, iind dl O|ioiiin{r Iho wiiy wider for iho nil
liviilinii (tf d |ioiiiimioiil tidlidnid oniirdi'd.

VVhnlovor nmv ho //(c/r odiirRO dr//irirodiidilinii,
il RooiiiR In mo ihdl WIC di'o lid loniror lofl nl IIImm'-
ly Id (idp|(iimo d lliidl Roltlomonlof ihid whole eon-
Irovoi'Ry dhoiil Oroy'dii. Tho |iiihlie will, ox|ireaR-
0(1 lhrdtip,li Ihoir inimodidlo doloonloR in Iho oilier
I I'oiiRo, IR very odiioliisivo ii|idn llml pninl, An-
dlhor I'losidonlidl eloelidii. diid every olhor (iiiofi-
liim will hr nuido .'^iihdrdiniilo In lliis'diie fur "Owr
hyih."

rho |inlilii' miiiii, iihriidy |iri-nroii|iioil hy oiie-

idoil ,.!',.
y'dii. will I

,^ Ir li.lhowhdiodf Ore-

^ lo Id iliNiMiRR il; Iho |ieo|)lo

will liooM'ilod mid mi.'^ilod hy iloniiiieidtinnR iiiVdiiiRt
ovory mmi whi. Iin,=! Iho nidriil ri.nrd;^' lioroiil'ler lo
diMil'.lil.mid oven lmi,«;hlldi'.i.ll him, ^[^-''I'.riliRh;"
Iho |iruiloiii'o of di;e will ho deerieil iin tho eimii
roIr df i\ foroif,'!! iiilUioiiee hy n hired jiroRs; llio
wlRilom dl'RluloMmon will ho Holiisido hy Iheolam-
(M'R df roIIirIi iloiiin!Jd;:;iieR; (ho love of poiu'o end
tho four of tJdd doiidimrod hy DietidiiR, mid vilified^
hy polf-oniiRtiiniod nsRdeiiilionH, hr iho eownrdieo of
IriiilorR and the dirootdlidil of hy|.(>eiiRy. li will
Pddii hoedliK^lhiMinhdly vvorK of miiiifnrwilod iiarly
R|m'il,iiidod hy |iorRi.iinl miihitidii, tdoioiitomiil |iid-
diii'o III our lidii|iy Odiinlry lhi.<*, mid nnu'li mnro
Ihnii ihiRi— nil, hr l d|.|'relioiid, for iho Riiko of [uil-
liiir jjroni moil down, mid ovallinj;: lilllo men lo
liijiii j.lai'os, lUdi'O ihaii ii will ho'for the imr|.dso(.f
Roi'iinii!^' onr iiiilimial rij^hlR. Hoiiiilor.'^ and olIiorR
win. would worn lo piny Iho ^iimo (\ro ineaiilioiiRly
fui'iiiRliliiK the (Mii'dR— ",\ll of Oioii'on, or nono" —
I'nr (itlo i.>( " eloar mid unimoRlionahlo" — "The
AdmiliisliiUioii is with \ir'— "nnwii with iho
Iroai'horoiiR /)fmiirn(/or"nriliRh"Wliir; who oi.oiis
liiR mimlh for eoid/iromi.vr .'" TIioro erioR will bo

so many obstacles to Peace! — honorable peace.
As we would keep the power over this subject in
the hands to which the CONSTITUTION has en-
tiTistcd it; as we would protect the trust committed
to the Senate, and do our whole duty to the
cause of liberty regulated by law, to God, and
to our consciences — I think the Senate should aid
to bring this controversy to a conclusion, in some
way or other, as soon as possible. Another year,
and it may be too late to settle it in peace. Another
three years' delay, and it tcill not be settled without
a dreadful conflict of political agitations at home,
and perhaps a desperate war between two Christian
nations. God deliver us from both!

If the trusts of this body under the Constitution
must be carried for discussion beforehand to the
court-houses and party caucuses of the land — if we
must encounter the agitations and perils and bitter-
ness of a popular ordeal, in our foreign affairs —
will not the Senate agree that it is safer and wiser
to take care that the pleadings shall be made up so
as to present the TRUE ISSUES? Notice or no
notice is an old question — predetermined and pre-
judged; and the peace of the country can hardly
be preserved if we suffer that to be the issue which
goes before the country. Let us give the notice,
then, to the President's hands, before the negotia-
tion is closed, and, if tliere is a compromise, the
question will go to the people upon that. The re-
sult is, to my mind, neither doubtful nor fearful.
If no compromise that we can accept with honor
shall be offered now, it never will be offered; and
then we shall soon have the whole subject before us,
and can take such steps as will protect our rights
and carry this question into ourjjopular elections
upon fair and true issues. But there has been a
doubt excited lest the President might abuse the
notice after we have authorized it, and you hesi-
tate. Is there not more danger from our delay,
than in any trust we may repose in the Executive
by giving him the use of this notice, even if he
should abuse it? Friends of the Administration —
Democrats — surely WE can confide it to him,
else we ought not to be his friends. Confidence is
not to be expected with so much alacrity from those
who have been his political opponents, especially
when some of ourselves have misconstrued the Pre-
sident. But, Whigs of the Senate, do you still
doubt his position? Do you fear he may abuse
this notice after it is given to him, (as it lias been
said he would,) by abruptly closing negotiation,
and even refusing his own offer for a compro-
mise at 49°, should it be returned to him? To
such as are resolved to stand by him AT THAT
LINE OF COMPROMISE, and to NO OTH-
ERS, do I appeal. I have said already that if
you do not mean to stop concession at that line,
you do right in refusing the notice. He cannot
speak upon that point; official propriety forbids it,
as I have already said and proved. But here
is a guaranty. Let him but venture to occupy
that position contrary to your hopes and expect-
ations. Let him only attempt to betray the
confidence you put in his conduct. (Oh! he
will not do it. I feel like I was defending a friend's
honor, when I say again, and again, and again,
that this construction CANNOT be true.) But
what if he should attempt it? The country will

yet be safe. He might embarrass the Senate, but
he would destroy himself. The moment he does
it, the whole subject will, by the Constitution, pass
out of his hands, and fall EXCLUSIVELY INTO
OURS. The Legislative, and not the Executive
department, will thenceforth have it in charge;
with no change but the abrogation of a convention
that it were rashness in us to continue longer in
force. We have a majority here for peace, and for
every honorable means of preserving it — no more,
but all that — men who, I am sure, would defy fac-
tion, and laugh at demagogism in the crisis of their
country's fate — Democrats and Whigs, all patriots
and together upon an " AMEPJCAN" question.
And the bill for extending our jui-isdiction over
Oregon need not to be, as it ought not to be, adopt-
ed, until we see what more the President will do,
and what Great Britain means to do. And this Senate
ought not to adjourn until we know whether we
are to have PEACE or a SWORD. IT SHALL
NOT BY MY VOTE. It would not be becom-
ing in me to undertake to advise how we ought to
act in such a case upon subsequent measures.
Though I do not admire the common use of Scrip-
ture quotations in political speeches, the subjectand
the occasion appear to be solemn and impressive
enough to excuse me for saying- upon that point,
" Sufficient unto the day is the evil thereof."

I come now to invite the attention of the Senate
to some of the several forms in which it has been
proposed that this notice shall be authorized. The
resolution reported from the Committee on Foreign
Affairs was ^ot at all objectionalile to my mind in
the outset. For nothing on its face do I now think
that resolution objectionable. But other Senators
were not satisfied v/ith it, and preferred to pursue a
different form of words; and I have held myself
ready at all times to adopt any form that might be
more acceptable to others, so long as the substance
was not sacrificed. If I could desire to put Sena-
tors of any party in a false position upon a ques-
tion of this kind, I should despise myself. The
resolution and preamble offered by the Senator from
Kentucky, [Mr. Crittenden,] when it was pro-
posed, seemed to me to arrive at the object, sub-
stantially, by another form of words, perhaps bet-
ter, perhaps not; any way, I was, at the begnming,
and I am now, contented to take that. I like it — I
approve it. But I should like to see it altered by
striking out the proviso which delays the notice
until after the present session of Congress. My
reasons have been already stated. Should they
make no impression upon the judgment of the
Senate, I do not expect to make that proviso
a reason for voting against that amendment. The
preamble, although not originally necessary, was,
perhaps, expedient, on account of the course of
the debates which sprung up in the Senate, and
connected themselves with OREGON; and the in-
troduction of the proposition of the Senator from
Kentucky [Mr. Crittenden] was at once a wise
and patriotic movement, to check the progress of
unnecessary alarm in the country. With the lights
at that time before us, I think it was so. Though
I knew nothing of it until it was proposed by him,
in my heart I tiianked him for it. That Senator is
a better judge than I am, whether all the valuable
and patriotic purposes designed by him have not

been fully accoiiiplislied. The difference be-
tween authorizing the President to give the notice
at his distrelion, and a law annulling the treaty and
directing him to give the notice, does not seem tome
to be very material; and if it were, I would suggest
that the House resolution leaves it to his discre-
tioii, as well as the resolution of the Senator of
Kentucky. I am willing to vote for either of the
three, as may be most agreealile to others.

The amendment suggested by the honorable
Senator from Georgia, [Mr. Colquitt] I cannot
vote for — the last resolution. I sat down to ex-
amine it, with a sincere desire to approve, if I
could; but I cannot, and I regret it on many ac-
counts. The words are as follows:

"Sec. 2. dml he it further resolved, That it is
' earnestly desired that the long-standing contro-
' versy respecting limits in the Oregon territory
' be speedily settled, by negotiation and compro-
' mise, in order to tranquillize the public mmd,
' and to preserve the friendly relations of the two
' countries."

I object to this, because, although circumstances
may make it proper or excusable in a Senator or
Senators to express his or their individual opinions
upon a negotiation in a debate, yet this Senate as
a Senate ought not to do it, and we ought not to take
charge of a negotiation pending at the Executive
Department. The Constitution has left all that to
the President, unless he asks the Senate for ad-
vice; and that advice should then proceed from the
Senate alone, acting in Executive session, not from
Congress. This Senate may be more competent
to conduct a negotiation than President Polk, but
the CONSTITUTION has determined that matter
otherwise; and, " by the Constitution," President
Poik is the wiser and safer negotiator. We must
not gainsay that by our resolutions as a Senate. If
It be our right, I should question the expediency of
giving any advice unasked. If we were ever so
competent by the Constitution to give the advice
unasked, and it were not inexpedient to do it for
other reasons, yet it is entirely unnecessary in this
case. The negotiation is pending upon the basis
of " comp-omise," and we have the President's de-
claration to the British Minister that he has " de-
termined to pursue it to a concl;!sion" upon that
basis. Indeed, Senators know that after the basis
v;as once arranged by mutual consent, it was not
in the power of one of them to change that basis,
without the consent of the other, or else termina-
ting the negotiation.

i object to it further, because if the SENATE
has a right to advise, and it would be prudent and
wise to give the advice, still it cannot be pretended
that CdNGP..ESS has such a power under the
Constitution; and it is one of the first and highest
duties of the Senate to protect the peculiar trusts
which, under the Constitution, ajipertain to it, and
not to admit, much less to invite, the House of
Representatives into partnership for advising the
President upon our foreign affairs. By "adding
this amendment to a joint resolution, we violate
that duty ourselves, and consent to and invite an
encroachment upon the Senate; and that forms to
ray mind a conclusive objection. Were there no
oilier, it ought to prevail.

I object to it further, because, if it is intended

as a declaration of our " earnest desire" made to
a foreign Government, and addressed to it; then it
is very unusual, if it be not a reflection upon our
Chief Magistrate. Pie is the " only mouth" of
this Government to speak to other nations; and
he has already told Great Britain that he " de-
sires" a compromise. Once is enough. I would
give no room for an inference that we distrust-
ed him or his peaceful purposes. It is proper
that we should give him the moral weight of our^
Legislative opinion by act or resolution for notice,
and leave him to use it the best way he can, but
still responsible for any abuse of it. There I hope
we shall stop. Give all the aid he asks, but offer
no impediments. Thenceforth I would make no
more calls for correspondence, but leave the Min-
isters to carry through the negotiation. Our calls
may be embarrassing to both "of them. They are
not calculated to aid our own.

There is another objection to this resolution, that
is conclusive to my own mind, and I ask particu-
lar attention to it. If I interpret it aright, it advises
a compromise between 49^ and the Columbia river.
Now to that / cannot agi-ee. In the 6th protocol
are these words: The British Minister said '^ that
' he did not feel authonzed to enter into a disctission
' respecting the territory north of the i9th parallel
' of latitude, ivhich ivas understood by the British
' Government to form the basis of negotiation on the
' side of the United States, as the line of the Columbia
'formed that on the side of Great Britain."

To this, I apprehend, our Government assented
by signing the protocol, and Mr. Pakenham has
ever since treated the matter accordingly. Then
the " pending controversy " respecting limits is
U)iderstood to be a controversy whether those lim-
its shall be settled at 49°, or at the Columbia river;
and our advice to settle it by compromise would be
advice to compromise, viz: to give and take for a line
between these two. I do not say it was so intended;
I am sure it vv^as not. But see how much difficulty-
there is in agreeing upon our construction of the
Message. Shall we not multiply embarrassment
by every step of our interference with negotiation ?

Suppose that mine was not the proper interpre-
tation of this resolution. It must be admitted not
to be free of doubt. That is sufficient to con-
demn it; for it may mislead Great Britain. Her
Minister may understand it as I do, and the con-
sequence will be that no offer that we can accept
will be made.

Upon the whole, I submit to the Senate that the
House resolutions, under all the circumstances
now surrounding this subject, had better be adopt-
ed by the Senate. Their second resolution is but a
proviso excluding any inference that that House
designed by the first one to obtrude into a subject
belonging to the President and Senate. It was
perhaps riglit for them to say so. It was l)ut say-
ing to us and to the President, "As a negotiation is
pending, and this House claims no right to inter-
rupt it, we have taken care to declare that negotia-
tion is a matter with which the people's Represent-
atives in the House do not hereby intcr])ose."
And, at the same time, the vote on their part im-
plied the absimce of any hostility to negotiation.
Upon this subject, and at this stage ofh,ncgo(iaiion
means compromiw. From that there is no escape.

Tlie great reason why I would entreat the Senate
to take the House resolutions, so free of objection
n,^ they arc, is this:

The ilifiei'ence, if any, in favor of either of the
other jiropositions over those from the House, is
not to be comjiared to the inconvenience, using no
stronger expression, which the sending of this di.s-
cussion back to the other House will produce in
thjE country, and the ceriain delay and probable
^embarrassments it will lead to in pursuing the ne-
gotiation. The whole subject is with the Senate —
with the Senate I leave h.

Mr. President, I have now concluded what I had
to say. I must be more or less than a man if I
felt so indilTerent to the kind and flattering atten-
tion of the Senate for two days, as not to express
my gratitude for it. I have spoken plainly of

firinciples and things — I hope not too much so.
t is difficult, I know, to do that without an ap-
pearance of disrespect to those I answer. But
an attack upon errors of opinion is no assault

upon the persons holding them. In my lieart
there is nothing of unkindness. If I had not been
placed, most reluctantly, in an attitude where I
must speak, or be misunderstood; if I had not
been goaded by repeated declarations which I
could not assent to, and which, if correct, I knew
would force me to oppose the Administration, and
to abandon a friend, and which, if not cori'cct, it
was my duty and my right as a Senator to refute
in free debate — I should not have opened my mouth.
If this performance of an unavoidable duty should
leave me exposed to misrepresentation, I must
bear it. My hands arc clean — my heai-t is easy —
my conscience is unburdened; and if I have done
anything for good I shall rejoice — if not, I have
tried to do it. And having confidence in God
stron2:cr than any " confidence in princes," I jiray
that HE who rules the destiny of nations may
guide our counsels so as to save the peace of my
beloved country, and protect it forever by His
mighty arm in the enjoyment liberty and religion.

L^???^^ O*^ CONGRESS

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LIBRARY OF CONGRESS

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